7/11 RULE 33 : 1

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 33 - PART 70 PERMITS – GENERAL (Adopted 10/12/93, Revised 9/12/06, 4/12/11)

A. General

Rule 33, which includes Rules 33 through 33.10, spe cifies the requirements and procedures by which a source would obtain a Part 70 permit. The provisions of this rule shall apply in addition to the requirements of Rule s 10 through 32 for any source required to obtain a Part 70 permit.

B. Applicability

The requirement to obtain a Part 70 permit pursuant to this rule shall apply to:

1. Any stationary source with a potential to emit o f 100 tons per year or more of any regulated air pollutant. Effective July 1, 2011, t his provision shall apply to greenhouse gas emissions only if the source has a p otential to emit of 100,000 tons per year or more CO 2 equivalent emissions. (Reference: 40 CFR 70.2 "Major Source" (2), "Subject to Regulation" (1); 70 .3(a)(1))

2. Any stationary source with a potential to emit t hat equals or exceeds the applicable federal major source threshold for Ventu ra County’s ozone

nonattainment area classification under the 8-hour ozone standard as follows:

Major Source Threshold

Nonattainment Classification Tons Per Year of ROC or NOx

Marginal and Moderate and Subpart 1 100

Serious 50

Severe 25

Extreme 10

(Reference: 40 CFR 70.2 "Major Source" (3)(i), 70.3 (a)(1))

3. Any stationary source, or group of stationary so urces located in a contiguous area and under common control with a potential to emit o f:

a. 10 tons per year or more of any EPA hazardous ai r pollutant;

b. 25 tons per year or more of any combination of E PA hazardous air pollutants; or

c. A lesser quantity, as established by regulations promulgated by the Administrator of the EPA, of any EPA hazardous air pollutant.

(Reference: 40 CFR 70.2 "Major Source" (1)(i); 70.3 (a)(1))7/11 RULE 33 : 2

4. Any stationary source in a source category requi red to obtain a Part 70 permit pursuant to regulations promulgated by the Administ rator of the EPA. (Reference: CAA Section 502(a); 40 CFR 70.3(a)(5) , 70.3(b)(1), 70.3(b)(2))

5. Any acid rain source. (Reference: 40 CFR 70.2, 70.3(a)(4))

6. Any solid waste incineration unit required to ob tain a Part 70 permit pursuant to Section 129(e) of the federal Clean Air Act. (Refe rence: 40 CFR 70.3(b)(1))

7. Any stationary source with a potential to emit t hat equals or exceeds any federal major source threshold based on Ventura County’s at tainment classification for PM-10 or CO. (Reference: 40 CFR 70.2 "Major Source " (3)(iii) and (iv), 70.3(a)(1))

8. Any stationary source required to have a permit pursuant to part C or part D of title I of the federal Clean Air Act, including any stationary source that was ever required to have a federal Prevention of Significan t Deterioration (PSD) permit or federal New Source Review (NSR) permit. (Reference Clean Air Act 502(a)

C. Exemptions

The requirement to obtain a Part 70 permit for a so urce listed in Section B shall not apply

to:

1. Any stationary source required to obtain a Part 70 permit solely because such source is subject to the provisions of 40 CFR 60, S ubpart AAA, Standards of Performance for New Residential Wood Heaters (Refer ence: 40 CFR 70.3(b)(4)(i)); or

2. Any stationary source or operation required to o btain a Part 70 permit solely because such source is subject to the provisions of 40 CFR 61, Subpart M,

National Emission Standard for Hazardous Air Pollut ants for Asbestos, Section 61.145, Standard for Demolition and Renovation (Ref erence: 40 CFR 70.3(b)(4)(ii)); or

3. Any stationary source, including an area source, required to obtain a Part 70 permit solely because such source is subject to reg ulations or requirements pursuant to Section 112(r) of the federal Clean Air Act. (Reference: 40 CFR 70.3.(a)(3))

4. Any solid waste incineration unit required to ob tain a permit pursuant to Section 3005 of the Solid Waste Disposal Act. (Reference: CAA Section 129(g)(1))